Levels of Misconduct
There are five (5) levels of misconduct. The levels are determined by the seriousness of the act.
LEVEL V - Level V infractions are the least serious incidents. Addressing Level I infractions may include several possible interventions and corrective actions as listed on the following chart. It is important these infractions be promptly and properly addressed.
LEVEL IV - Level IV infractions are serious and have additional corrective strategies, as well as appropriate interventions.
SUSPENSION - Suspension is a disciplinary sanction that temporarily removes a student from school or class(es) for a prescribed period of time not to exceed ten (10) school days. The principal or the principal's designee shall make a good-faith effort to involve parents with alternative consequences for misconduct prior to suspending a student except in emergencies, disruptive conditions or incidents involving serious misconduct.
- In-school suspension (ISS) is the assignment of a student to a specific location on the school campus. Students are assisted in regaining control of their conduct while continuing with assigned schoolwork during the time they are not attending regular classes.
- Out-of-school suspension (OSS) is the temporary removal of a student from all classes of instruction on public school grounds and all other school-sponsored activities, except as authorized by the principal or designee. The principal or designee determines the length of the out-of-school suspension, for a period not to exceed 10 (ten) school days. The parent is responsible for the supervision of the student and supporting the student's completion of specific homework assignments. If, during that time of an out-of-school suspension, the suspended student returns to campus or attends a school-related activity without the permission of the principal or designee, that student may be subject to arrest and prosecution for trespassing.
- Suspension of bus-riding privileges may result when a student violates the Code of Conduct for Students on the bus. The consequences for violation of these rules is not limited to removal of bus-riding privileges, since other sanctions up to and including school suspension or expulsion may be imposed when warranted. School attendance is required during a bus suspension.
- For a student with an IEP or 504 Plan, a bus suspension is equivalent to an out-of-school suspension.
- Under McKinney-Vento, students who are homeless have a right to transportation. Consult with the District's Homeless Liaison for more information.
LEVEL III - Level III infractions are more serious and require a thorough investigation into the infraction. Timely disciplinary consequences and interventions must be implemented.
LEVEL II - Level II infractions are increasingly more serious and require a thorough investigation into the infraction and require timely disciplinary consequences. Interventions may or may not be appropriate, depending on the infraction and circumstances of the event. The options available for consequences may range from suspension to alternative reassignment.
LEVEL I - Level I infractions are the most serious and, following a thorough investigation into the infraction, require timely disciplinary consequences. Interventions may or may not be appropriate, depending on the infraction and circumstances of the event. The options available for consequences may range from suspension to alternative reassignment to expulsion from The School District of Lee County as recommended by the principal. Involvement of law enforcement is required. In accordance with School Environment Safety Incident Report (SESIR), if a victim of arson, battery, kidnapping or sexual battery, or the sibling of a homicide victim, remains at the school, the principal may recommend that the student not return to school upon completion of out-of-school suspension or readmission from expulsion. Principals may consult with the Executive Director of Student Services or their designee for cases that do not meet the “Do Not Return” criteria.
In some cases of Level II - IV infractions, a school-based administrative review will be conducted to determine what interventions, corrective actions, and / or consequences are appropriate for the incident. The parents and student will be invited to participate in the administrative review and be given the opportunity to present information regarding the incident.
EXPULSION - Expulsion is the removal of the right and obligation of a student to attend a public school for a period of time and under conditions set forth by the School Board not to exceed the current school year plus one (1) additional year (Section 1006.09, Florida Statutes). Expulsion is an extreme measure for use only after alternative measures to remedy improper behavior have failed or the student's infractions are extremely severe. If a student is recommended for expulsion he / she may request, in writing, a due process hearing before an impartial hearing officer to challenge the recommendation as set forth in School Board Policy.
- Early readmission criteria:
- A student who has been expelled for a drug-related offense may be considered for early readmission only when the student submits a letter to the Superintendent requesting a hearing, provides three (3) letters of reference and shows proof of successful completion of a state-licensed drug abuse program, including random drug testing for each month of the remaining period of expulsion. Results of each monthly testing will be sent to the Superintendent's designee for review. If the student fails to provide proof of the test at the end of any month or if the test shows a positive result for the presence of a controlled substance, the remaining period of the original expulsion will be reinstated.
- A student who has been expelled for reasons other than a drug-related offense may be considered for early readmission only when the student submits a letter to the Superintendent requesting a hearing, provides three (3) letters of reference and shows proof of completion of successful counseling by a licensed therapist. Note: In order to meet the deadline for early readmission to take place, the written request to the Superintendent must be received by the Student Services Department at least 30 days prior to the beginning of the school year or 30 days prior to the Winter Break.
- Expulsion from the regular school program for off-campus acts may occur when a student has been formally charged with a felony or adjudicated guilty of a felony, or of a delinquent act which would be a felony if committed by an adult off school property.
- If a student has been expelled the student must be out of school for at least 180 calendar days subsequent to the order of expulsion before the School Board will consider a recommendation for early readmission.
- If approved for early readmission, a student may only reenter school at the beginning of a school year or at the beginning of a semester.